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RWE and Uniper: Can (German) courts assess the jurisdiction of ICSID arbitral tribunals?
The Dutch Ministry of Economic Affairs initiated “anti-arbitration” proceedings before the German courts to “avert” two ECT-based ICSID arbitrations brought against it by the German energy companies RWE and Uniper.
Arbitration cases against Croatia concerning CHF loan conversion suspended
Four arbitration cases brought by banks against Croatia before the ICSID connected with the conversion of CHF-denominated loans were suspended on 30 June.
Toxic fracking vs. Slovenian democracy
Amid the climate and environmental emergency, a British oil and gas company is threatening to sue Slovenia for requiring an environmental impact assessment for a controversial gas fracking project.
Devas investors move US court, tag Air India assets to recover award
The Mauritius investors is seeking to get Air India declared an alter ego of India in order to pursue assets of the national carrier as a strategy to enforce arbitration awards against the government.
National Energy Summit: Nigeria retains interest in joining the Energy Charter Treaty
Nigeria has completed all three of its accession reports but the Energy Charter Conference placed restrictions on ECT accession finalization procedures, placing Nigeria’s accession path into a state of pause.
Singapore-Indonesia Bilateral Investment Treaty
The BIT serves as a prime modern example of investment treaties which seek to rebalance the distribution of rights between host States and investors.
Antrix-Devas, BIT arbitrations, and India’s quixotic approach
At the core of this dispute is a 2005 agreement between Antrix and Devas for the lease of satellite spectrum which was annulled in 2011.
Energy Charter Treaty: time is up!
After four unsuccessful negotiation rounds, and with a fifth round starting this week that does not bring any silver linings in terms of outcome, the time has come for the EU and its member states to leave the ECT.
TCC challenges BVI court order
The British Virgin Islands high court rejected the TCC plea for attachment of the Pakistan International Airlines assets but also imposed a $5 million cost as well as $50,000 penalty on the company.
Court annuls billion-dollar award, finding Crimea investment was made before BIT applied
The Paris Court of Appeal has set aside a $1.1 billion award against Russia for the expropriation of the Crimean branch of Ukrainian state-owned bank Oschadbank.